Question 1

Under ________ law, imprisonment as punishment was illegal.

Accepted Answer

Under Roman law, imprisonment was not used as a form of punishment. Instead, it was primarily used for holding individuals temporarily before trial or execution.

Question 2

In primitive times, ________ was the philosophy behind punishment.

Accepted Answer

Retaliation was the primary philosophy behind punishment in primitive times, focusing on the principle of "an eye for an eye."

Question 3

In Baze v. Rees (2008), 128 S.Ct. 1520, lethal injection was found to be unconstitutional.

Accepted Answer

In Baze v. Rees (2008), the Supreme Court held that the lethal injection protocol used by Kentucky, which was similar to protocols used by many states at the time, did not violate the Eighth Amendment's ban on cruel and unusual punishment.

Question 4

Imprisonment is the earliest form of punishment and the one most frequently used.

Accepted Answer

Imprisonment as a primary form of punishment is a relatively modern concept. Historically, other forms of punishment such as fines, corporal punishment, and capital punishment were more common.

Question 5

Probation is an inherent right of one convicted of a felony for the first time.

Accepted Answer

Probation is not an inherent right but a privilege or alternative to incarceration that the court may grant at its discretion, based on various factors including the nature of the crime, the defendant's criminal history, and the likelihood of rehabilitation.

Question 6

In early England, imprisonment was not a form of punishment.

Accepted Answer

In early England, imprisonment was primarily used as a means to detain individuals until trial or punishment, rather than as a punishment in itself. Punishments were more often physical, financial, or capital.

Question 7

Parole is normally granted before sending the offender to an institution.

Accepted Answer

Parole is typically granted after the offender has served a portion of their sentence in an institution, as a conditional release to serve the remainder under supervision in the community.

Question 8

With our modern technology, it is now relatively easy to determine when an offender is rehabilitated to the point where he or she is no longer a threat to society.

Accepted Answer

Rehabilitation assessment involves complex psychological evaluations, and there is no universally accepted method to guarantee an offender is no longer a threat to society. Technology aids in monitoring but cannot fully predict human behavior.

Question 9

All offenders are sentenced to imprisonment.

Accepted Answer

Not all offenders are sentenced to imprisonment; some may receive alternative sentences such as probation, community service, fines, or rehabilitation programs depending on the nature and severity of their offense.

Question 10

Under early Roman law, imprisonment as a form of punishment was an accepted sentence.

Accepted Answer

Under early Roman law, imprisonment was not used as a form of punishment but rather as a means of detaining individuals until their trial or execution. Punishments typically involved fines, corporal punishment, or death.

Question 11

In the 1800s, in England banishment served as an additional source of revenue for both the king and the church.

Accepted Answer

Banishment was a form of punishment in England in the 1800s that involved sending criminals to a distant land. The king and the church both benefited financially from this practice, as they were able to sell the property of those who were banished.

Question 12

In most states, it is still the prerogative of the trial judge to impose a sentence.

Accepted Answer

In the United States, sentencing guidelines exist, but the ultimate decision on sentencing within the bounds of these guidelines and statutory requirements typically rests with the trial judge. This allows for judicial discretion based on the specifics of each case.

Question 13

A consecutive sentence is one that must be served before the next sentence begins.

Accepted Answer

A consecutive sentence means that the sentences for two or more offenses must be served one after the other, so the next sentence can only begin after the previous one has been completed.

Question 14

Probation is not considered to be a sentence but rather a disposition of the case.

Accepted Answer

Probation is a court-ordered period of supervision in the community, typically as an alternative to serving time in prison, and is considered a disposition rather than a sentence itself.

Question 15

The definite sentence was severely criticized by reformists as being inflexible.

Accepted Answer

The definite sentence, which does not allow for parole and mandates a fixed term of incarceration, has been criticized by reformists for its lack of flexibility in considering individual circumstances or behavior changes over time.

Question 16

Juries generally do not have access to any presentence investigative material.

Accepted Answer

Juries typically do not have access to presentence investigative reports or material during the trial phase, as their role is to determine guilt or innocence based on the evidence presented during the trial, not to consider sentencing or the defendant's background.

Question 17

The true indeterminate sentence removes the sentencing of a prescribed number of years from the hands of a judge or a jury.

Accepted Answer

An indeterminate sentence does not specify a set amount of time to be served but instead sets a range (e.g., 5 to 10 years), leaving the exact length of imprisonment to be determined by parole boards or other authorities based on the inmate's behavior and rehabilitation progress.

Question 18

On the continent of Europe during the seventeenth and eighteenth centuries, the ________ sentence was used to lengthen the sentences of dangerous criminals for protective detention after they had served their original sentences.

Accepted Answer

The answer of On the continent of Europe during the...

Question 19

The indeterminate sentence has been attacked by inmates on the allegation that it violates the due process of law because of its uncertainty, and, as such, is ________ punishment.

Accepted Answer

The answer of The indeterminate sentence has been attacked by...

Question 20

The ________ sentence is recognized in our system of justice today, but in most instances, it is coupled with a period of probation.

Accepted Answer

The answer of The ________ sentence is recognized in our...

Quiz 13: Sentencing and Appeals